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Advanced Introduction to Legal Reasoning

Paperback

Advanced Introduction to Legal Reasoning

9781789903164 Edward Elgar Publishing
Larry Alexander, Warren Distinguished Professor of Law, University of San Diego School of Law and Emily Sherwin, Frank B. Ingersoll Professor of Law, Cornell Law School, US
Publication Date: May 2021 ISBN: 978 1 78990 316 4 Extent: c 160 pp
This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.

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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.

This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.

Key features include:

• discusses and analyses interpretive methods used in legal decision-making

• guides the reader through the debates on analogical reasoning and construction of legal principles

• offers a defense of intention-based interpretation of legal rules and natural reasoning in law.

This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars and judges.
Critical Acclaim
‘Building on their previous and highly influential work, Alexander and Sherwin go well beyond what they have said before to offer an analysis of legal reasoning that not only introduces the subject, but also makes important cutting-edge academic contributions to our understanding of legal interpretation, rules, precedent, and the very functions of law.’
– Frederick Schauer, University of Virginia, US
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